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Annual Report 2011 - Watercare

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<strong>Watercare</strong> Services Limited<br />

<strong>2011</strong> ANNUAL REPORT<br />

Governance<br />

The board and management of <strong>Watercare</strong><br />

remain committed to ensuring that the<br />

company applies best-practice governance<br />

policies and procedures.<br />

1. ACCOUNTABILITY<br />

Shareholder<br />

<strong>Watercare</strong> has been the provider of bulk water<br />

and wastewater services to the Auckland<br />

region since 1991. On 1 November 2010,<br />

as a result of Auckland regional governance<br />

reforms, the company took over ownership and<br />

management of all the water and wastewater<br />

assets within the Auckland Council region and<br />

began retailing services directly to the people<br />

of Auckland. The exception was the Papakura<br />

district where retail services continue to be<br />

managed via an existing franchise agreement<br />

with United Water.<br />

People of Auckland<br />

Elect<br />

Auckland Council<br />

Appoint<br />

<strong>Watercare</strong> Board of Directors<br />

Appoint<br />

<strong>Watercare</strong> Chief Executive<br />

Employs<br />

<strong>Watercare</strong> staff<br />

Serves<br />

People of Auckland<br />

Prior to 1 November 2010, <strong>Watercare</strong> was<br />

owned by six city and district councils. With<br />

the disestablishment of those councils and the<br />

creation of a single unitary authority, <strong>Watercare</strong><br />

now has a single shareholder, Auckland<br />

Council. <strong>Watercare</strong> reports quarterly to<br />

Auckland Council through the Accountability<br />

and Performance Committee (the Committee),<br />

a committee of the whole council. The relevant<br />

legislation is set out below.<br />

Responsibilities<br />

The board is appointed by the shareholder<br />

to govern <strong>Watercare</strong> in accordance with the<br />

statutory obligations and in accordance with<br />

the agreed Statement of Corporate Intent<br />

(SCI). The board is ultimately responsible<br />

for all decision-making by the company.<br />

Operational responsibility is delegated<br />

to the Chief Executive by way of a formal<br />

delegated authority framework.<br />

Statement of Corporate Intent<br />

The SCI represents <strong>Watercare</strong>’s public and<br />

legislative expression of accountability to its<br />

shareholder and establishes the agreement<br />

between the board and the shareholder,<br />

setting out the objectives, nature and scope<br />

of activities undertaken and performance<br />

targets by which the company is measured.<br />

<strong>Watercare</strong> delivered the <strong>2011</strong>/12 SCI to the<br />

shareholder on 30 June <strong>2011</strong>, earlier than<br />

required by legislation. This followed a board<br />

meeting on 23 June <strong>2011</strong> at which members<br />

of the public were invited to attend and<br />

speak as the SCI was considered and<br />

adopted. As part of the process, feedback<br />

from Auckland’s local boards and the Maori<br />

Statutory Board was invited. The <strong>2011</strong>/12<br />

SCI is published on <strong>Watercare</strong>’s website<br />

www.watercare.co.nz.<br />

Performance measurement<br />

and reporting<br />

The performance of the company against<br />

the measures in the SCI is reported to the<br />

Committee quarterly. This annual report<br />

includes a Statement of Service Performance<br />

(SSP), which records the performance of<br />

the company against the measures in the<br />

2010/11 SCI. The report is set out on pages<br />

107-111. The company’s annual report<br />

also includes the reporting of performance<br />

against a number of non-mandatory<br />

measures. Performance measures in eight<br />

focus areas are reported on pages 20-57.<br />

2. TRANSPARENCY AND<br />

OPENNESS<br />

Legislative framework<br />

<strong>Watercare</strong> is a limited liability company<br />

registered under the Companies Act 1993<br />

which governs the conduct of companies in<br />

New Zealand. The Local Government Acts of<br />

1974 and 2002 define the roles and duties of<br />

local government organisations in New Zealand<br />

and contain specific provisions for <strong>Watercare</strong>.<br />

The legislative framework enabling and<br />

governing <strong>Watercare</strong>’s operations is largely<br />

found in three Acts and amendments:<br />

1. Local Government (Tamaki Makaurau<br />

Reorganisation) Act 2009<br />

2. Local Government (Auckland Council)<br />

Act 2009<br />

3. Local Government (Auckland Transitional<br />

Provisions) Act 2010.<br />

Under legislation, <strong>Watercare</strong> is currently<br />

a council organisation and will become a<br />

council-controlled organisation (CCO) on<br />

1 July 2012. By law it must remain owned<br />

by Auckland Council until 30 June 2015.<br />

The company’s obligations to deliver water<br />

and wastewater services for Auckland are<br />

established under Part 5 section 57(1)<br />

of the Local Government (Auckland Council)<br />

Act 2009 which stipulates that an Auckland<br />

water organisation:<br />

• Must manage its operations<br />

efficiently with a view to keeping<br />

the overall costs of water supply and<br />

wastewater services to its customers<br />

(collectively) at the minimum levels<br />

consistent with the effective conduct<br />

of its undertakings and the maintenance<br />

of the long-term integrity of its assets<br />

• Must not pay any dividend or<br />

distribute any surplus in any way,<br />

directly or indirectly, to any owner<br />

or shareholder<br />

• Is not required to comply with<br />

section 68(b) of the Local Government<br />

Act 2002 (voiding the requirement<br />

to pay a dividend)<br />

• Must have regard for public safety<br />

(e.g. the safety of children in urban areas)<br />

in relation to its structures.<br />

Also under the legislative framework:<br />

• At least two board meetings a year are<br />

required to be held in public, before<br />

30 June to consider the council’s<br />

comments on the draft SCI and after 1 July<br />

to consider the company’s performance<br />

under the SCI in the previous year<br />

• Elected members and employees of local<br />

authorities are prohibited from being<br />

<strong>Watercare</strong> directors<br />

• The company’s financial statements,<br />

the SCI and specified long-term plans<br />

must be audited by the Auditor-General,<br />

or by an auditor acting on behalf of the<br />

Auditor-General.<br />

Governance<br />

PAGE 15<br />

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